Ankit T (Income Tax Inspector) 14 July 2013
Sudhir Kumar, Advocate (Advocate) 14 July 2013
1. Can I avail of Extra-ordinary leave under CCS rule 32(2)(a), if I have already taken a term of the same leave before, and these two terms of leave, which add up to 5.5 months, will be taken even before I have completed 1 year of service, that too under probation.
Ans Yes :
2. Does my explanation of rule 33(2) stand good in law if I presume myself a permanent employee for the purposes of rule 32 and presume that I can take an EOL up to a period of 5 years.
Ans :No
3. Elaborating on the clause "on any one occasion" in rule 32, I believe that I should be given another term of EOL of 3 months from Sep 2013 to Dec 2013. Is this interpretation wrong?
Ans :No
4. Will my probation period be extended automatically by the duration of EOL?
Ans : No
5. Will I be given any increment when I am on EOL?
Ans : No
Ankit T (Income Tax Inspector) 14 July 2013
Dear Sir, the authority competent to grant me EOL is not accepting the explanation..Can you site any case law, if available, reflecting such explanation-
1. Can I avail of Extra-ordinary leave under CCS rule 32(2)(a), if I have already taken a term of the same leave before, and these two terms of leave, which add up to 5.5 months, will be taken even before I have completed 1 year of service, that too under probation.
Ans Yes :
3. Elaborating on the clause "on any one occasion" in rule 32, I believe that I should be given another term of EOL of 3 months from Sep 2013 to Dec 2013. Is this interpretation wrong?
Ans :No
Also, the CCS leave rules, Rule 33(2) is as under--
(2) A person appointed to a post on probation shall be entitled to
leave under these rules as a temporary or a permanent Government servant
according as his appointment is against a temporary or a permanent post:
If I am on probation against the post Income Tax Inspector, which is a permanent post, shouldn't be I treated as a permanent Govt. servant? Kindly explain.
Sudhir Kumar, Advocate (Advocate) 14 July 2013
during probation vacancy occupied by you is permanent but you are not.